Legal Opinion

Marshall v. Russel

Court of Appeals of Kentucky

Decided April 15, 1817Published

On an appeal from a decree of the Mason circuit court. The counsel for the appellee petitioned for and obtained a rehearing. The cause was re-argued at the Spring Term, 1818, when the former decree was affirmed and ordered ÍG Stand unaltered.

1Opinion of the Court

Judge Losan

delivered the opinion of the court.

The appellee, who was the complainant below, asserts the superior right to the land, upon the following entry:

“May 11 ih, 1780 — John Floyd enters 600 acres, upon “treasury warrants, on the Ohio river, beginning at a hickory and a large ash, at the mouth of a small drain in the “upper end of the first bottom, 3 or 4 miles below a small “island, opposite to Kennedy’s cabin. The land lies about “40 miles below the mouth of Sciota; and runneth thence “S 37 poles to three lynns, growing from one root, at the foot “of a hill; N 70 W, 100 poles, to a…

2Cases cited1 opinion

  1. Bush v. JamesonCourt of Appeals of Kentucky · 1813

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